HomeMy WebLinkAboutNS-2683 - Authorizing the Renewal of a Cable Television Franchise Agreement Between the City and Adelphia Cablevision...(JWF 4/6/05)
ORDINANCE NO. NS -2683
AN ORDINANCE OF THE CITY OF SANTA ANA
AUTHORIZING THE RENEWAL OF A CABLE
TELEVISION FRANCHISE AGREEMENT BETWEEN
THE CITY AND ADELPHIA CABLEVISION OF
SANTA ANA, LLC, dba ADELPHIA CABLE
COMMUNICATIONS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Adelphia Cablevision of Santa Ana, LLC, a Delaware limited liability
company ( "Franchisee "), is the duly authorized holder of a franchise
( "Franchise ") that authorizes the construction, operation, and
maintenance of a cable television system within the City of Santa
Ana ( "City ").
B. The Franchise will terminate on June 20, 2005.
C. City staff has conducted inquiries for the purpose of evaluating the
future cable - related community needs and interests and the cable
operator's performance under the existing Franchise. A new
agreement has been negotiated that is titled "An Agreement
between the City of Santa Ana and Adelphia Cablevision of Santa
Ana, LLC, dba Adelphia Cable Communications, Renewing a
Nonexclusive Franchise to Operate a Cable Television System in
the City of Santa Ana and Setting Forth Terms and Conditions
Relating to the Renewal of the Franchise," a copy of which has
been presented to the City Council along with this ordinance, and a
copy of which is on file in the Office of the Clerk of the Council and
is incorporated by this reference ( "Franchise Renewal Agreement ").
D. The City has reviewed the present and future cable - related needs
of the community and its residents, the Franchisee's record of
service and its ability to carry out its obligations under the
Franchise Renewal Agreement, and the Franchisee's financial,
legal, and technical qualifications to hold and to operate a cable
television franchise, and has determined that the public interest
Ordinance No. NS -2683
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would be served by authorizing the Franchise Renewal Agreement.
This determination is based upon the following findings:
The quality of the Franchisee's service, including
signal quality, response to consumer complaints, and
billing practices, but without regard to the mix, quality,
or level of cable services or other services provided
over the system, has been reasonable in light of
community needs;
2. The Franchisee has the financial, legal, and technical
ability to provide the services, facilities, and
equipment as set forth in the Franchise Renewal
Agreement; and
3. The Franchisee's performance of the obligations set
forth in the Franchise Renewal Agreement will
reasonably meet the future cable - related community
needs and interests, taking into account the cost of
meeting those needs and interests.
Section 2. The City authorizes the renewal of a nonexclusive franchise
with the Franchisee to construct, operate, and maintain a cable television system
within the City. This authorization is made in accordance with the applicable
provisions of the Santa Ana City Charter, Article II of Chapter 15 of the Santa Ana
Municipal Code, the applicable provisions of state and federal law, and the terms
and conditions of the Franchise Renewal Agreement.
Section 3. The Franchise Renewal Agreement submitted to the City
Council is authorized and approved, and the City Manager is authorized to
execute that agreement on behalf of the City following its execution by the
Franchisee.
Section 4. Pursuant to the California Environmental Quality Act
(CEQA), a Categorical Exemption has been approved for this Project.
Section 5. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana
hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clause, phrase or portion thereof irrespective of the fact that
any one or more sections, subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional.
Ordinance No. NS -2683
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ADOPTED this 2nd day of May 2005
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
Z
AYES: Councilmembers: Alvarez, Bist, Bustamante, Garcia, Pulido, Solorio (6)
NOES: Councilmembers:
ABSENT: Councilmembers: None (0)
ABSTAIN: Councilmembers: Christy (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that
the attached Ordinance No. NS -2683 to be the original ordinance adopted by the
City Council of the City of Santa Ana on May 2, 2005 and that said ordinance
was published in accordance with the Charter of the City of Santa Ana.
Date: 25
Clerk of the Council
City of Santa Ana
Ordinance No. NS -2683
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